KUSHAL VINODKUMAR BHATT LEGAL HEIR OF LATE SHRI VINODKUMAR RAMANLAL BHATT,ANAND vs. THE ACIT (OSD), WARD-5, ANAND
What did the Tribunal hold?
The Tribunal held that the reopening of assessment in the hands of a dead person is invalid in law. The issuance of a notice under Section 148 is a jurisdictional prerequisite for the AO to exercise powers under Section 147. A notice issued to a dead person is invalid unless the legal representative submits to the jurisdiction without objection. In this case, the legal heir informed the AO of the death and did not waive the requirement of a valid notice. Therefore, the notice under Section 148 was invalid, and the AO lacked jurisdiction to proceed with the reassessment. The Tribunal noted that provisions like Section 292B and 292BB of the Act do not cure a jurisdictional defect, especially when the legal heir has not participated in the proceedings. Since no valid notice was issued to the legal heir within the limitation period, the proceedings are time-barred. Consequently, the reassessment made in the name of a deceased person is void ab initio and unsustainable. The Tribunal respectfully followed judicial precedents, including *Chandreshbhai J Patel vs. Income Tax Officer*, which held that a notice issued to a dead person is invalid and proceedings pursuant thereto are without authority of law. The appeal filed by the assessee is allowed, quashing the reassessment.
What were the facts?
The assessee, Shri Vinodkumar Ramanlal Bhatt, passed away on February 11, 2011. For Assessment Year 2011-12, he sold immovable properties for Rs. 1,21,31,000 on August 26, 2010, but did not file a return declaring the capital gain. The Assessing Officer (AO) reopened the assessment by issuing a notice under Section 148 on March 27, 2018, in the name of the deceased assessee. The legal heir, Kushal Vinodkumar Bhatt, informed the AO of his father's death and stated he had no knowledge of the transactions. The AO, obtaining information from the Sub-Registrar, found that the sale deeds were signed by the son as the legal representative. The AO proceeded to tax the entire sale consideration of Rs. 1,21,31,000 as assessed income, naming the legal heir in the order. The CIT(A) set aside the ex-parte reassessment order to the AO for fresh assessment.
What were the issues?
1. Whether the reassessment order passed under Section 147 read with Section 144 of the Income Tax Act, 1961, for Assessment Year 2011-12 is void ab initio, given that the Section 148 notice was issued in the name of a deceased person, and no fresh notice was issued to the legal heir as required by Section 159(2)(b) of the Act? 2. Whether the Assessing Officer had jurisdiction to pass the assessment order when the initial notice under Section 148 was invalid, and consequently, whether the matter could be set aside for de novo assessment by the Assessing Officer? Assessee's contentions: The reassessment order is void ab initio because the Section 148 notice was issued to a deceased person. Despite being informed of the death, the AO failed to issue a fresh notice to the legal heir, violating Section 159(2)(b). The legal heir did not participate in the reassessment proceedings. Reliance was placed on *Bhupendra Bhikhalal Desai*, *Pravinchandra A Shah*, and *Chandreshbhai J Patel*. Revenue's contentions: The appeal should be dismissed as the CIT(A) only set aside the reassessment for de novo assessment, causing no prejudice to the legal heir.
Which sections of the Income-tax Act were involved?
Section 147,Section 144,Section 148,Section 159(2)(b),Section 133(6),Section 292B,Section 292BB,Section 149(1)(b)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AHMEDABAD “C” BENCH
Before: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinha
ORDER \nPER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:-\nThis appeal is filed by the Legal Heir of the Assessee as against the appellate order dated 30.01.2025 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as “CIT(A)”), arising out of the exparte re-assessment order passed under Section 147 r.w.s.144 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') relating to the Assessment Year 2011-12.\nI.T.A No. 752/Ahd/2025 Α.Υ. 2011-12\nKushal Vinodkumar Bhatt Legal Heir of Late Shri Vinodkumar Ramanlal Bhatt. vs. ACIT\nPage No\n2\n2. The registry has noted that there is delay of 96 days in filing the above appeal. The Legal Heir of the assessee filed a Notarized Affidavit stating that extensive discussions with Chartered Accountant on filing the above appeal on his deceased father name since it was setaside back to AO for de-nova assessment. More particularly, when the reopening notice u/s.148 was issued on a deceased person. This has caused the delay in filing the appeal with a delay of 9 days and thereby requested to condone the delay in filing the appeal. Ld. Sr. D.R. appearing for the Revenue has no objection in condoning the delay thus the delay of 9 days in filing the above appeal is hereby condoned.\n3. Brief facts of the case is that the assessee herein Mr. Vinod Kumar Bhatt was an individual and passed away on 11-02-2011. The assessee sold immovable properties amounting to Rs.1,21,31,000/- on 26-08-2010 relevant to the Asst. Year 2011-12. However, the assessee has not filed Return of Income declaring the capital gain on sale of properties, which has escaped assessment. Therefore, the assessment was reopened by issuing notice u/s.148 dated 27-03-2018 in the name of the dead person Shri Kushal Vinodkumar Bhatt which was duly served by Post. However, there was no response from the assessee. Therefore the A.O. issued notices u/s.142(1) of the Act. In response the deceased assessee's son informed that the Assessing Officer the death of his father by producing copy of the death certificate and also informed he does not know the various transactions carried out by his deceased father. The Assessing Officer called for information u/s.133(6)\nI.T.A No. 752/Ahd/2025 Α.Υ. 2011-12\nKushal Vinodkumar Bhatt Legal Heir of Late Shri Vinodkumar Ramanlal Bhatt. vs. ACIT\nPage No\n3\nfrom the Sub-Registrar, Anand and held that the Sale Deed bearing registration No. 8472 and 8473 of 2010 dated 26.08.2010 were signed by the Son in the capacity of Second party with others as Legal Representative of the assessee. Therefore, AO proceeded with the reassessment and taxed the entire sale consideration of Rs.1,21,31,000/- as the assessed income of the assessee and demanded tax thereon. Thus, the AO mentioned in the assessment order Late Vinodkumar Ramanlal Bhatt Legal Heir: Kushal Vinod Bhatt.\n4. Aggrieved against the reassessment order, assessee filed an appeal before Ld. CIT(A) with some delay which was condoned. The legal heir contented before CIT[A] that the reassessment order passed under Section 144 r.w.s.147 for A.Y. 2011-12 is void ab initio. Since the notice issued under Section 148, which confers jurisdiction for reassessment, was issued in the name of a deceased person, consequently the entire proceedings legally unsustainable. Despite being informed of the death of the assessee, the Ld AO failed to issue a fresh notice to the legal heir, violating Section 159(2)(b) of the Act. The legal heir never participated in the reassessment proceedings but merely requested the AO to drop the case due to the jurisdictional defect. Further, the delay in filing the appeal arose due to the need to register the appellant's PAN as a legal heir, a process that was only completed on 06.03.2019.\n5. Ld CIT[A] considered the submissions of the assessee however held that since the reassessment order being an exparte order, Ld.\nCIT(A) set aside the matter back to the file of Assessing Officer to make fresh assessment.\n6. Aggrieved against the appellate order, the assesses is in appeal before us raising the following Grounds of Appeal:\n1. The National Faceless Appeal Centre (NFAC) has erred in law and in facts in not annulling the assessment order passed in the name of a deceased person in toto, despite the fact that the Assessing Officer was informed about the death of the assessee and no fresh notice u/s 148 was issued to the legal heir.\n2. The National Faceless Appeal Centre (NFAC) has erred in law and in facts in setting aside the matter back to the Assessing Officer to examine various grounds raised by the legal heir when the Assessing officer does not have jurisdiction to pass the assessment order.\n3. The appellant further reserves its right to add, alter, amend or modify any of the aforesaid grounds before or at the time of hearing of an appeal.\n7. Ld. Counsel Mr. Bandish Soparkar appearing for the legal heir of the assessee submitted that the reopening notice u/s.148 was issued on 27-03-2018 in the name of deceased assessee. Hence the very jurisdiction for the reassessment itself is bad in law. The Legal heir duty bound informed the Assessing Officer the death of the assessee, however the AO without issuing fresh reopening notice, proceeded with the reassessment by impleading the legal heir in the reassessment order is not permissible in law and relied upon following case laws and others:\nI.T.A No. 752/Ahd/2025 Α.Υ. 2011-12\nKushal Vinodkumar Bhatt Legal Heir of Late Shri Vinodkumar Ramanlal Bhatt. vs. ACIT\nPage No\n5\nS No\nParticulars\nCitation\n01\nBhupendra Bhikhalal Desai\n131 taxmann.com
40. (SC)\n02\nPravinchandra A Shah\n154 taxmann.com 616 (Guj)\n03\nChandreshbhai J Patel\n101 taxmann.com 362 [Guj]\n8. Per contra Ld Sr DR appearing for the Revenue supported the orders passed by the lower authorities and requested to dismiss the appeal since the Ld CIT[A] set aside the reassessment de-nova only and no prejudice caused to the legal heir.\n9. We have given our thoughtful consideration and perused the materials available on record including the Paper Book and case laws filed by the Ld Counsel. The main allegation of the department is that the assessee sold immovable properties amounting to Rs.1,21,31,000/- on 26-08-2010 relevant to the Asst. Year 2011-12 but not filed the Return of Income declaring the capital gain on sale of properties, which has escaped assessment and issued notice u/s.148 on 28-03-2018. The Ld AO in the reassessment order records that was his office in possession of then details of sale of immovable properties made on 26-08-2010. If the AO was in possession of the details of immovable properties transaction, then why did he waited till the end of six assessment years and issued the 148 notice on 28-03-2018, when the immovable properties were sold in 2010 and assessee died in 2011, why the AO waited till the time barring period. For initiating a reassessment proceeding u/s.147 of the Act, issuance of notice u/s.148 which confers jurisdiction to the AO for reassessment.\nI.T.A No. 752/Ahd/2025 Α.Υ. 2011-12\nKushal Vinodkumar Bhatt Legal Heir of Late Shri Vinodkumar Ramanlal Bhatt. vs. ACIT\nPage No\n6\n9.
1. In this case the notice u/s.148 was issued in the name of a deceased person, as per the information available with the department. When the legal heir informed the AO about the death of the assessee and requested to issue fresh notice for reassessment, but the Ld AO proceeded with the reassessment and taxed the entire sale consideration of Rs.1,21,31,000/- as the assessed income of the assessee and treated the son as the legal heir and passed exparte order. Thus the AO is not justified in proceeding with the notice issued u/s.148 on a dead person and also taxing the entire sale consideration as the assessed income of the assessee, consequently the entire reassessment proceedings are legally unsustainable. Thus, the provisions of Section 292B does not cure a jurisdictional defect, and provisions of Section 292BB does not apply to legal heirs who have not participated in the reassessment proceedings. Furthermore, since no valid notice under Section 148 was issued to the legal heir within the limitation period u/s.149(1)(b) of the Act, the proceedings are time-barred. Therefore, the reassessment made in the name of a deceased person is void ab-initio and liable to be quashed.\n10. The above view of ours is supported by the judgement of the Hon'ble Supreme Court in the case of Bhupendra Bhikhalal Desai [cited supra] by dismissing the Department SLP as follows:\n“Section 153C of the Income-tax Act, 1961 Search and seizure Assessment of income of any other person (Validity of notice) Assessment years 2011-12 to 2017-18 Original assessee, namely 'B', passed away on 23-4-2017- Assessing Officer issued a notice under Section 153C in name of 'B' on 29-3-2019 After receiving said notice legal heir informed Assessing Officer that\n Α.Υ. 2011-12\nKushal Vinodkumar Bhatt Legal Heir of Late Shri Vinodkumar Ramanlal Bhatt. vs. ACIT\nPage No\n7\nhis father, B had passed away and requested to drop proceedings as notice was issued to a dead person Assessing Officer rejected objections raised by legal heir on ground that no information was provided about demise of B and even after his death income tax returns were filed in name of B for relevant assessment years High Court by impugned order held that impugned notice under Section 153C issued against dead person, is unenforceable in law and revenue could not contend that as they had no knowledge about death of assessee, they were entitled to plead that notice was not defective and, therefore, impugned notice as well as order were to be quashed and set aside Whether Special Leave petition filed against impugned order was to be dismissed Held, yes [Para 2] [In favour of assessee)\n10.
1. Further the Jurisdictional High Court in the case of Pravin Chandra A Shah vs. Union of India [cited supra] held that reopening notice u/s.148 issued upon deceased assessee was a nullity. Therefore, consequential proceedings and order passed thereon were liable to be quashed by observing as follows:\n"6.7 Having gone through the decisions referred to herein above, it is pertinent to note here that, in the case on hand, the Respondent-authorities initiated the proceedings, under Section 148 of the Act, against the dead person, i.e. late Ms. Shah, by issuing notice on 27-3-2021. Subsequently, an amendment in the Act came into force with effect from 1-4-2021. Under the circumstances, we are of the considered opinion that, if, any notice Is to be issued under Section 148 of the Act in post 1-4-2021 period, the procedure required under the amended Act was required to be followed.\n6.7.1 Here, it is pertinent to note that the notice was issued in the name of the present petitioner, who happens B to be the legal heir of the original assessee, i.e. late Ms. Shah. Thus, it becomes clear that, before issuing the notice to the present petitioner, the Respondent-authorities failed to comply with the provisions of the amended Act. It is not being disputed by the Respondent-authorities that the impugned order is also passed in the name of the dead person, i.e. late Ms. Shah, which is a\n Α.Υ. 2011-12\nKushal Vinodkumar Bhatt Legal Heir of Late Shri Vinodkumar Ramanlal Bhatt. vs. ACIT\nPage No\n8\nnullity. Under the circumstances, the provisions of Section 292B and 292BB of the Act shall not apply in the facts of the case on hand, as discussed herein above.\n6.7.2 Keeping in mind the ratio laid down by the Apex Court on the issue involved in this matter as well as the decisions of the other High Courts, we are of the view that the proceedings initiated by the Respondent authorities against a dead person, i.e. late Ms. Shah in this case, as well as the impugned orders passed by it deserves to be quashed and set aside.”\n10.
The Jurisdictional High Court in the case of Chandreshbhai J Patel vs. Income Tax Officer [cited supra] held that where original assessee died and thereafter Assessing Officer issued notice u/s.148 in his name to reopen assessment and petitioner being heir and legal representative of deceased raised an objection that assessee had already expired and, therefore, notice in his name was not valid, merely because petitioner had informed Assessing Officer about death of assessee and asked him to drop proceedings, it could not be construed that petitioner had participated in proceedings and, therefore, provisions of Section 292B would not be attracted and notice under Section 148 was to be treated as invalid by observing as follows:\n“...
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